Have you been involved in a car accident that occurred due to the negligence or recklessness of another person? If so, you have the right to get compensation for your injuries. The compensation will cover both physical and property damage sustained in a car accident.
The compensation can be obtained through a settlement with the guilty party’s insurance company or through a lawsuit. Knowing your rights in case of a car accident is important. Here we will shed light on the legal recourse in case of getting injured in a car accident caused by another person.
Legal Liability in Case of a Car Accident
The legal liability in case of a car accident depends on different factors. The judge and the juries carefully listen to the evidence to determine the ‘fault’. Common law identifies four major types of fault. These include:
Strict liability — Strict liability occurs in case of highly hazardous activities such as carrying explosive chemicals. The fault, in this case, does not depend on the intentional or negligent behavior that led to the accident.
Recklessness — Reckless behavior means willful disregard of the safety rules. Example includes running the red light or driving above the speed limit.
Negligence — Negligent behavior means careless action that resulted in an accident. Example of a negligent behavior includes not stopping at the pedestrian line or yielding the right-of-way.
Intentional — Intentional behavior means purposefully harming a person or damaging the property.
In case you have suffered an injury in case of an auto accident due to any of the above faults of the other driver, you have the legal right to get compensation for the injuries and property damage.
Know the Mistakes that Can Hurt Your Case
You can harm your auto accident claim case in several ways. Never talk about the auto accident case with the defense lawyers, insurance company, or a friend or relative of the guilty driver. You should let your auto accident attorney do all the talking on your behalf. Also, take a look at our infographic to know what you’re in for during a car accident lawsuit.
Also, you should never sign any document without consulting without your attorney. Even seemingly harmless looking documents may have fine print that can hurt your case. For instance, the insurance company of the guilty driver may force you to sign a document that will allow them to access your medical history, or worse waive any injury claims. Always check with your car accident attorney before signing any document.
Lastly, you should know that there is a statutory time limit within which you should submit a car accident injury claim. In California, the time limit is two years for filing a personal injury claim and three years for property damage claim.